Profi Welders s.p.o. v R & R Mechanical Ltd
| Jurisdiction | Ireland |
| Court | High Court |
| Judge | Mr Justice Max Barrett |
| Judgment Date | 29 January 2019 |
| Neutral Citation | [2019] IEHC 36 |
| Docket Number | 2017 No. 203 S |
| Date | 29 January 2019 |
[2019] IEHC 36
THE HIGH COURT
Barrett J.
2017 No. 203 S
Contract law – Liability – Recovery of payment – Plaintiff seeking to recover payments it claimed were owing – Whether the plaintiff was in breach of contract
Facts: The plaintiff, Profi Welders s.r.o., supplies personnel for construction projects throughout Europe. The defendant, R&R Mechanical Ltd, fabricates piping systems in Ireland. Profi provided personnel to R&R to assist in the construction/installation of piping systems needed at a power plant. There was no written contract between the parties governing the personnel supply arrangement. After ascertaining the availability of personnel, R&R would simply request a named individual and confirm the hourly pay-rate due to Profi for same. Profi sought to recover payments it claimed were owing in respect of personnel provided. By counterclaim, R&R claimed that (1)(i) it was an express and/or implied term of the contract with Profi, and/or (ii) Profi represented and/or warranted, and/or (iii) Profi owed R&R a duty of care, to ensure that personnel supplied were competent to do the tasks demanded, and (2) Profi was in breach of contract and/or negligent by providing what R&R claimed were substandard, incompetent staff.
Held by the High Court (Barrett J) that Profi had established the liability of R&R, as a matter of contract law, for the sums claimed in the summons of 08.02.2017; by contrast, R&R had failed to bring any aspect of its counterclaim home.
Barrett J held that he would grant the reliefs sought by Profi in its summons; all reliefs sought by R&R were refused.
Relief granted.
Profi Welders supplies personnel for construction projects throughout Europe. R&R fabricates piping systems in Ireland. Profi provided personnel to R&R to assist in the construction/installation of piping systems needed at a power plant (the “Project”). There is no written contract between the parties governing the personnel supply arrangement. After ascertaining the availability of personnel, R&R would simply request a named individual and confirm the hourly pay-rate due to Profi for same. Profi seeks to recover payments it claims are owing in respect of personnel provided. By counterclaim, R&R claims that (1)(i) it was an express &/o implied term of the contract with Profi, &/o (ii) Profi represented &/o warranted, &/o...
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Profi Welders sro v R & R Mechanical Ltd
...possibility of an appeal that may or may not be brought following on the court's decision in Profi Welders s.p.o. v. R&R Mechanical Ltd [2019] IEHC 36. 2 Costs of plenary hearing. It is not disputed that Profi Welders should receive the costs of the plenary 3 Costs of summary hearing. The ......